Disposed

The State of Karnataka v. Sri. Raghunatha Reddy H B

Karnataka HC7 Mar 2024/6226/2024

Case brief

AI extract

What is this about?

State challenges a KSAT order directing refixation of pay of two Commercial Tax employees based on revised Last Pay Certificates from military authorities. Noting the Apex Court has stayed a similar case, the High Court disposes of the petition by directing implementation of Tribunal orders contingent on the pending SLP decision.

What did the court decide?

Implementation of Tribunal orders on revised LPCs directed; re-fixation contingent on Supreme Court outcome in pending SLA (C) No.15515/2021; respondents may seek recalling/reviewing.

The State of Karnataka Vs Sri. Raghunatha Reddy H B — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:9592-DB WP No. 6226 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K

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WRIT PETITION NO. 6226 OF 2024 (S-KSAT)

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BETWEEN:

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THE STATE OF KARNATAKA, REPT. BY ITS COMMISSIONER OF COMMERCIAL TAXES, V.T.K, GANDHINAGAR, BENGALURU -560 009.

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…PETITIONER

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(BY SRI. VIKAS ROJIPURA, AGA)

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AND:

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Digitally signed by K S RENUKAMBA Location: HIGH COURT OF KARNATAKA

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SRI. RAGHUNATHA REDDY H.B, S/O LATE BAYAPPA, AGED ABOUT 47 YEARS, FIRST DIVISION ASSISTANT, CTO OFFICE, 4.3, AUDIT, COMMERCIAL TAX DEPARTMENT, DIVISIONAL GOODS & SERVICES TAX OFFICE-4, VTK-II, KORAMANGALA, BENGALURU-560 047, R/O HANUMYRAHALLI VILLAGE, KADADANAMARI (PO), CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563 123.

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SRI. GIRISH YAJAMAN K.S, S/O SHANTAIAH K.J, AGED ABOUT 42 YEARS, WORKING AS SECOND DIVISION ASSISTANT, O/O THE JOINT COMMISSIONER OF COMMERCIAL TAX,

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2 - NC: 2024:KHC:9592-DB WP No. 6226 of 2024

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COMMERCIAL TAX DEPARTMENT, DIVISIONAL GOODS & SERVICE TAX OFFICE -04, VTK-II, KORAMANGALA, BENGALURU-560 047, R/O NO.18, SANTRUPTHINILAYA, 1^st B CROSS, VENKATESHWARA LAYOUT, OLD MADIVALA, BENGALURU-068.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS b) ISSUE A WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER/ DIRECTIONS TO SET ASIDE THE IMPUGNED ORDER DATED 25.05.2021 PASSED BY THE HONBLE KSAT BENGALURU IN A.No-6548-6549/2020 VIDE ANNEXURE-A.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAJESH RAI K, J., MADE THE FOLLOWING:

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ORDER

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Heard learned AGA for the petitioner.

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The petitioner-State is before this Court being

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aggrieved by the order passed in Application Nos.6548-6549 of 2020 whereby, the Tribunal has been pleased to issue the following directions by allowing the applications:

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“1. Accordingly, the application is allowed and

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2. The respondent is directed to accord the benefit of the revised Last pay certificate issued by the military authorities in No.P/15382785/T-1B/WeI/NER dated 3-08-2019 as at Annexure A3 in respect of the first applicant and in No.AAD/SR/15767927M/Fix/NE

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3 - NC: 2024:KHC:9592-DB WP No. 6226 of 2024

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dated 8-09-2018 as at Annexure A4 in respect of the second applicant and refix the pay of the applicants based on the respective revised LPCs as at Annexures A3 & A4 respectively. Time for compliance is One month from the date of this order to refix the pay and determine the arrears.

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3. The applicants shall be entitled to the arrears of pay within three months from the date of the order. They shall be entitled to payment of interest at 12% per annum if the said arrears is paid after 3 months. The arrears shall be paid before six months. The arrears shall be paid before six months under any circumstances.

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4. The applicants are entitled to costs of this Litigation that has been thrust in them. We place the costs at Rs 2500/- for each applicant, payable by the respondent within three months from the date of this order.

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5. The Registrar shall make available a copy of this order to the Additional Chief Secretary (Finance) along with copies of the Tribunal judgements in the cases cited in this order. ”

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It is fairly submitted by the learned AGA that similarly situated petitioners had approached this Court in W.P.No.10222/2019 aggrieved by the aforesaid order.

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NC: 2024:KHC:9592-DB WP No. 6226 of 2024

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A Co-ordinate Bench of this Court by order dated 18.06.2021 was pleased to allow the writ petition and was pleased to direct as under:

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“The order dated 16/02/2018 passed by the Tribunal in application No.10783/2016 connected with application Nos.10784/2016, 10785/2016 is set aside and the respondents are directed to revise the pay fixation of the petitioners keeping in view the revised last pay certificate issued in their favour by the office of the Pay Account Officer (ORS) AOC, Secunderabad-15. The exercise of revising their pay and the grant of benefits shall be concluded within three months from the date of receipt of a copy of this order.”

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It is further submitted by the learned AGA that

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aggrieved by the order passed by the Co-ordinate Bench of this Court in W.P.No.10222/2019, the State has preferred an appeal before the Hon’ble Apex Court and that the same has been registered as SLA (C) No.15515/2021 wherein, the Hon’ble Apex Court has been pleased to pass an interim order of stay by order dated 08.10.2021 and copy of the same has been placed before this Court.

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5 - NC: 2024:KHC:9592-DB WP No. 6226 of 2024

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Having heard the learned AGA and keeping in view the fact that the issue has already been seized off by the Hon’ble Apex Court, we are of the considered opinion that the instant writ petition could be disposed off by directing implementation of the orders passed in Application Nos.10783/2016, 10784/2016 and 10785/2016 further subjecting the re-fixation to be contingent on the order that may be passed by the Hon’ble Apex Court in pending SLA (C) No.15515/2021.

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The writ petition is disposed off accordingly. In the event, the respondents are aggrieved, it is open for them to approach this Court and seek for recalling or reviewing the instant order.

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There shall be no order as to costs.

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Sd/JUDGE

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Sd/JUDGE

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VM List No.: 1 Sl No.: 17

The State of Karnataka v. Sri. Raghunatha Reddy H B

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The State of Karnataka v. Sri. Raghunatha Reddy H B

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